Parts of Smart Watches will be treated as such and Eligible to Exemption even though they have the essential Character of the Complete Article

·         Rule 2A of GIR Waived Measure to have only Prospective effect as of now

·         Proviso inserted as Provided that the rate of duty specified in Column (4) against the respective description of goods mentioned in Column (3) of the Table above shall apply even when such goods are presented together in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, subject to the respective conditions specified in column (5).”

Provision of Rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975:

2. (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled.

 

[Customs Notification No. 33 dated 27th April 2023]

Seeks to amend notification Nos. 11/2022-Customs and 12/2022-Customs dated 01.02.2022 with respect to PMP of wearable and hearable devices

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes amendments in the following notifications of the Ministry of Finance (Department of Revenue), specified in Column (2) of the Table below to the extent specified in the corresponding entry in column (3) of the said Table, namely: -

S. No.

Notification number and Date

Amendments

(1)

(2)

(3)

1.

Notification No. 11/2022-Customs, dated the 1st February, 2022, vide number G.S.R. 85(E), dated the 1st February, 2022.

In the notification, after the Table, the following proviso shall be inserted, namely:-

Provided that the rate of duty specified in Column (4) against the respective description of goods mentioned in Column (3) of the Table above shall apply even when such goods are presented together in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, subject to the respective conditions specified in column (5).”;

2.

Notification No. 12/2022-Customs, dated the 1st February, 2022, vide number G.S.R. 86(E), dated the 1st February, 2022.

In the notification, after the Explanation, the following proviso shall be inserted, namely:-

Provided that the rate of duty specified in Column (4) against the respective description of goods mentioned in Column (3) of the Table above shall apply even when such goods are presented together in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, subject to the respective conditions specified in column (5).”.

[F. No. CBIC-190354/300/2021-TRU Section-CBEC]